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10-17-2019 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE SEVENTEENTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND NINETEEN PRESENT: William M. McCarty, Newport District, Chairman Joel C. Acree, Windsor District, Vice -Chairman Don G. Rosie, II, Carrsville District Richard L. Grice, Smithfield District Rudolph Jefferson, Hardy District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman McCarty called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS Supervisor Jefferson moved that the agenda be approved, as presented. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities. Upon motion of Chairman McCarty and all voting in favor, the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor Jefferson and all voting in favor, the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Chairman McCarty, the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Donald T. Robertson, Assistant County Administrator, delivered the invocation and led the Pledge of Allegiance to the American Flag of the United States of America. CITIZENS' COMMENTS Judy Winslow, Director of Tourism, recognized Lois Tokarz of the Tourism Department for winning a statewide award as Employee of the Year for all DMOs in the State of Virginia by the Virginia Restaurant Lodging and Travel Association. At the suggestion of Supervisor Acree, it was the consensus of the Board that staff brief the Board at a future work session on the process involved with the last redistricting. CONSENT AGENDA A. Resolution to Designate November 15 - December 15, 2019 as Buy Local Month B. Resolution to Accept and Appropriate 2019 Local Emergency Management Performance Grant (LEMPG) Award ($7,500) 2 C. VDEM Dominion Energy Pass Through Funding ($30,000) D. Resolution to Accept and Appropriate HOME Program Grant Funds ($60,945) E. Resolutions to Amend the FY2019-20 Operating Budgets and Appropriate Funding for IT Support for the Towns of Smithfield and Windsor F. Employment Agreement - County Administrator G. FOG Enforcement Memorandum of Agreement Supervisor Jefferson moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS County Administrator Keaton briefed the Board on the most recent discussion held at the Hampton Roads Transportation Planning Organization involving the crosswalks on Route 17 in Carrollton and the Virginia Department of Transportation's request to amend the Transportation Improvement Program for the upcoming year. APPOINTMENTS Supervisor Acree moved that the following individuals be appointed to the Special Needs Task Force: Endependence Center — Nicole Davis Hands & Hearts — Kristin Wilda WTCSB — Demetrios Peratsakis SSSVA — Tabitha Smith, Carol Ottofaro IOWDSS — Rusty Jordan Brighton Gardens, LLC — Karita Suiter P&R- William Winstead VersAbility — Cheryl Collier BOS — Supervisors Acree and Rosie The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS Livvy Preisser, Agriculture and Natural Resources Extension Agent & Unit Coordinator; Jordan Jones, 4-H Youth Development Extension Agent; Brandy Compton, 4-H Program Assistant; and, Teresa Minton, Unit Support Staff in the Virginia Cooperative Extension Office formally introduced themselves to the Board and extended an invitation to attend the 4-H banquet on Thursday, October 24, 2019 at 6:30 p.m. at the Isle of Wight Ruritan Building. 3 PUBLIC HEARINGS A. Application of Bay Sand Company, Inc., Applicant, and Anne Marie Kirk, Owner, for a Conditional Use Permit on Fifty Acres of Land Out of an 85 Acre Parcel Located on a Private Road off of Muddy Cross Drive (Rte. 620) to Allow for the Expansion of an Existing Resource Extraction Operation to be Permitted on the Property. Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview of the application. Bill Riddick, Attorney representing the applicant, noted that the applicant has enjoyed a reputation of being a responsible operator and prides himself on maintaining his pits in a responsible way. Attorney Riddick relayed that the applicant has had no serious injuries since 1991 since opening his operation and there has received no significant violations cited by State regulatory bodies. Attorney Riddick stated that the Hampton Roads area is enjoying a strong economy and the demand is great for what his client sells. He stated expansion at this location makes the most sense because he already has the infrastructure in place with limited impact on the community. He advised that the applicant offers with this application a $.23 per cubic yard extraction fee and that since his operation has been in place, he has paid over $1 million in extraction fees to the County and expects to pay $185,000 to $200,000 over the next few years in extraction fees if this application is approved. He stated that the ponds are great wildlife refuges, can act as recreational areas and can provide a source of surface water. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Albert Burckard of the Newport District stated these areas are permanent environmentally degrading and are not a renewable resource, leaving huge scars in the ground forever unless they are mitigated. He stated the topsoil is sold so that the land cannot be returned to its original condition and he asked the Board to deny the application. Chairman McCarty closed the public hearing and called for comments from the Board. Mr. Rudnicki responded to questions posed by Supervisor Rosie regarding the Resource Conservation Area and how pits are reclaimed. Mr. Rudnicki responded to Supervisor Acree's inquiry on the potential effect on water quality and the owner's vision for this property. Supervisor Jefferson remarked that the borrow pits of today are much different than those in the past in which all the resources were removed and the pit left alone. He remarked that this pit could be utilized by fire departments and it will offer employment for additional individuals. He stated the owner of the property could even subdivide that property for his children who could have a nice home on waterfront property. He remarked that this could be a great opportunity for both the County and the property owner. Mr. Rudnicki responded to questions posed by Supervisor Grice regarding no change in the hours of operation and that the surrounding landowners are active participants in how their land is being utilized. Supervisor Acree moved that the application be approved. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. B. Application of Riverside Pest Control, Applicant, and Monster Storage LLC, Owner, for a Conditional Use Permit (CUP) on 1.93 Acres of Land Located on IWIP Road (Rte. 10/32) to Allow for Business Support Service. Trent Blowe, Planner, provided background information on the application. Chairman McCarty opened the public hearing and called for comments by those in favor of or in opposition to the proposed application. No one appeared and spoke in favor of or in opposition. Chairman McCarty closed the public hearing and called for comments from the Board. Todd Paul, owner, Riverside Pest Control, responded to questions posed by Supervisor Rosie regarding the business type, the blending and repackaging of products, licenses, the method used to prevent spills and type of chemicals used in residential and industrial applications. Supervisor Acree moved that the application be approved. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. C. Lease of the Blackwater River Park Property County Attorney Jones advised that five bidders had responded to the Invitation for Bid for the lease of two tracts of land and that the high bidder on the separate tracts appear to be compliant bids. Chairman McCarty opened the public hearing for the lease for the northern tract of land and called for those to speak in favor of or in opposition to the proposed lease. No one appeared and spoke in favor of or in opposition to the lease. Chairman McCarty closed the public hearing and called for comments from the Board. David Smith, Director of Parks and Recreation, addressed questions by the Board pertaining to the length of the potential leases which will be open to the public for activities such as deer and turkey hunting, horseback riding, hiking and jogging. 5 Supervisor Grice asked that the current Advisory Board remain active members due to their known history of the operation of that property. Supervisor Grice moved to award the bid to the Bacon's Castle Hunt Club for the northern tract of land. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Chairman McCarty opened the public hearing for the lease for the southern tract of land and called for those to speak in favor of or in opposition to the proposed lease. No one appeared and spoke in favor or in opposition to the lease. Chairman McCarty closed the public hearing and called for comments from the Board. There being no Board comments, Chairman McCarty moved to award the bid to the Bent Barrell Hunt Club for the southern tract of land. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. D. Application of Richard and Joanne Antcliff, Property Owners, for an Exception to the Requirements of Section 4002 of the Chesapeake Bay Preservation Area (CBPA) Ordinance to Allow Encroachment into the Landward Fifty Feet of the Resource Protection Area Buffer for an Above - Ground Pool with Decking and Equipment at 14 Wenley Circle (Rte. 1407). Kim Hummel, Environmental Planner, provided an overview of the application. Chairman McCarty opened the public hearing and called for those to speak in favor of or in opposition to the proposed application. Richard Antcliff, property owner, addressed concerns expressed by surrounding neighbors regarding the pool being an eyesore, the impacts should the pool collapse; and, the type of filter to be used. Sharon Hart of the Newport District expressed concern with the encroachment into the Resource Protection Area. Chairman McCarty closed the public hearing and called for comments from the Board. Supervisor Jefferson remarked that this application is not about it being a hardship on the applicant and there are requirements in place for a reason. Supervisor Acree remarked that there have been instances where citizens knowingly violated regulations and built permanent structures in the Resource Protection Areas and that he gives the applicant credit for asking permission. Supervisor Rosie remarked that the Resource Protection Area was established to protect the waterways and, while the Board has made exceptions in the past due to hardships, this is not a hardship and he could not support the application. D Supervisor Grice remarked that, if approved, a condition be placed on the application that the pool be a salt water pool and not chlorine should there ever be an overflow event. Supervisor Jefferson moved that the application be denied which was adopted by a vote of (4-1) with Supervisors Rosie, Grice, Jefferson and McCarty voting in favor of the motion and Supervisor Acree voting against the motion. Mr. Antcliff was recognized by the Chairman and allowed to address the Board. He advised that this process began a year and a half ago and he has expended $6,000 to date to have this application heard by the Board this evening. He remarked that he is very disappointed to spend this kind of money only for his application to be denied. The Board took a recess and returned to open session. Supervisor Acree remarked that Mr. Antcliff brought up a valid point that the County's system must be broke to allow a citizen to invest that amount of money believing that if they do the things requested by the County that their application will be approved. He requested County Administrator Keaton to compile cost information associated with the Antcliff's application to use as a case study. He noted that the Board should have a discussion later regarding how it stands regarding the Resource Protection Area so that staff and citizens understand, as well as a work session with the Planning Commission. COUNTY ADMINISTRATOR'S REPORT Danny Byrum, Fair. Committee Chairman, provided a report on the results of the 2019 County Fair. The following recipients of Caught You Caring Awards for the First Quarter of FY2019-20 were publicly recognized: Julie Boswell; Gloria Spratley; Kristi Sutphin; Nicole Talton; Cyndi Wellman; Christy Phillips; Daniel Archibald; Gary Askew; Amy Couser; Jenilee Hallman; Kelly Harcum; Marlow Huff, George Iams; Janette Jeffrey; LaTanya Turner; Regine Walme-Edwards; Amanda Landrus; and, Malina Springer. County Administrator Keaton notified the Board that he will be out of the office the first part of next week attending the ICMA conference. NEW BUSINESS Chairman McCarty moved to designate the Chairman as the County's Voting Delegate and Supervisor Jefferson as the Alternate Delegate authorized to vote at the VACo annual business meeting. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. h Following an update by Don Jennings, Director of Utility Services on the Hardy Elementary School sewer pump station and force main, Supervisor Grice requested that staff develop plans to respond to the roll out of the School's project at Hardy Elementary School and the Hampton Roads Sanitation District regarding how the County can work with them on the pump station and line requirements. Following an overview by County Administrator Keaton regarding a request for authorization of a Letter of Support for the Atlantic Coast Pipeline Project, Supervisor Grice moved that the Chairman be authorized to send a letter of support for the Atlantic Coast Pipeline project on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Following a briefing by Mr. Jennings on orphaned outfalls in rural Virginia localities, County Administrator Keaton and Chairman McCarty offered to send e- mails to all County Administrators and Chairpersons in Region 1 prior to the VACo conference seeking their input so that one voice can be heard at the VACo Annual Conference. ADJOURNMENT r At 9:15 p.m., Chairman McCarty declared the meeting adjourned. Care MJills Clerk �u� Joel C. Acree, C man